Sec. 39. "Chase", for purposes of IC 14-22, means
following wildlife without the intent to take.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-40Repealed

[Pre-1995 Recodification Citation: 14-1-5-1 part.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.40-2012,
SEC.7.

IC 14-8-2-41"Class II well"

Sec. 41. "Class II well", for purposes of IC 14-37,
means a well that injects fluids:

(1) that are brought to the surface in connection with conventional
oil or gas production and can be commingled with wastewaters
(other than wastewaters classified as hazardous waste at the time
of injection) from gas plants that are an integral part of production
operations;

(2) for the enhanced recovery of oil or gas; or

(3) for the storage of hydrocarbons that are liquid at standard
temperature and pressure.

[Pre-1995 Recodification Citation: 13-8-2-3.]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-42Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-5.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997,
SEC.91.

IC 14-8-2-42.2"Coal bed methane"

Sec. 42.2. "Coal bed methane", for purposes of
section 317 of this chapter and IC 14-37, means gaseous substances of
whatever character lying within or emanating from:

(1) unmined coal seams, either naturally or as a result of
stimulation of the coal seam;

(2) the void created by mining out coal seams; or

(3) the gob created by longwall or other extraction methods of
coal mining.

Sec. 70. "Diffused surface water", for purposes of IC 14-25 through IC 14-29, means water that comes from falling rain or
melting snow or ice and that:

(1) is diffused over the surface of the ground or that temporarily
flows vagrantly on or over the surface of the ground as the natural
elevations and depressions of the surface of the earth guide the
water; and

(2) has no definite banks or channel.

[Pre-1995 Recodification Citation: 13-2-1-4(3).]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-71"Director"

Sec. 71. (a) Except as provided in subsection (b),
"director" refers to the director of the department of natural resources.

Sec. 79.5. "Domiciled", for purposes of section 242
of this chapter, means to be living in a place that:

(1) is a person's true, fixed, and permanent home and principal
residence to which, whenever the person is temporarily absent,
the person intends to return; and

(2) is a permanent building or a part of a building:

(A) including a house, a condominium, an apartment, a room in
a house or complex, or a mobile home; and

(B) not including a vacant lot, second home, camp, cottage, or
premises used solely for business.

As added by P.L.155-2002, SEC.2 and P.L.158-2002,
SEC.1.

IC 14-8-2-80"Due notice"

Sec. 80. "Due notice", for purposes of IC 14-32, means
a notice given through publication at least two (2) times, with an
interval of at least six (6) days between the two (2) publication dates,
in a newspaper or other publication of general circulation within the
appropriate area.

[Pre-1995 Recodification Citation: 13-3-1-3(12).]

As added by P.L.1-1995, SEC.1. Amended by P.L.136-1997,
SEC.2.

IC 14-8-2-81Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-10.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997,
SEC.91.

IC 14-8-2-82"Elements of beekeeping"

Sec. 82. "Elements of beekeeping", for purposes of IC 14-24, includes bees, hives, combs, combless packages of bees or
queens, and beekeeping equipment or appurtenances.

Sec. 89. "Field trial", for purposes of IC 14-22, means
a trial of sporting dogs under field conditions where dogs chase or
pursue wild animals under specified rules of national or regional
recognized hunting dog associations approved by the director.

[Pre-1995 Recodification Citation: 14-2-2-1 part.]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-90"Financial clerk"

Sec. 90. "Financial clerk", for purposes of IC 14-33,
means a bonded employee of the board of directors of a conservancy
district charged with the faithful receipt and disbursement of the money
of the district.

Sec. 97. "Flood flow", for purposes of IC 14-28-1 and
IC 14-28-3, means all of the water of a river or stream that exceeds the
within-bank channel flow of the river or stream.

[Pre-1995 Recodification Citation: 13-2-22-3(9).]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-98"Flood hazard areas"

Sec. 98. "Flood hazard areas", for purposes of IC 14-28-1, IC 14-28-3, and IC 14-28-4, means those flood plains or parts
of flood plains that have not been adequately protected from flood
water by means of dikes, levees, reservoirs, or other works approved by
the natural resources commission.

[Pre-1995 Recodification Citations: 13-2-22-3(6);
13-2-22.6-1 part.]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-99"Flood plain"

Sec. 99. "Flood plain", for purposes of IC 14-28-1, IC 14-28-3, and IC 14-28-4, means the area adjoining a river or stream
that has been or may be covered by flood water.

Sec. 118. (a) "Ground water" or "subterranean
water", for purposes of IC 14-25 through IC 14-29, except as provided
in subsection (b), means all water that fills the natural openings under
the earth's surface. The term includes the following:

(3) other personal or real property located on or in a historic site
or historic structure.

[Pre-1995 Recodification Citations: 14-3-3.3-1(g);
14-3-3.4-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.167-2011,
SEC.5.

IC 14-8-2-125"Historic site"

Sec. 125. "Historic site" has the following meanings:

(1) For purposes of IC 14-21-1, means a site that is important to
the general, archeological, agricultural, economic, social,
political, architectural, industrial, or cultural history of Indiana.
The term includes adjacent property that is necessary for the
preservation or restoration of the site.

Sec. 126. "Historic structure", for purposes of IC 14-21-1, means a structure that is important to the general,
archeological, agricultural, economic, social, political, architectural,
industrial, or cultural history of Indiana. The term includes adjacent
property that is necessary for the preservation or restoration of the
structure.

Sec. 128.4. "Hydraulic fracturing" means the
process of pumping fluids into a closed wellbore with sufficient
downhole pressure to crack or fracture the formation, allowing the
injection of a proppant into the fractures, thereby creating a
high-permeability plane through which fluids can flow.

As added by P.L.16-2012, SEC.2.

IC 14-8-2-129"Idle speed"

Sec. 129. "Idle speed", for purposes of IC 14-15-3-17, means the slowest possible speed, not exceeding five (5)
miles per hour, that maintains steerage so that the wake or wash created
by the watercraft is minimal.

[Pre-1995 Recodification Citation: 14-1-1-1 part.]

As added by P.L.1-1995, SEC.1. Amended by P.L.38-2000,
SEC.1.

IC 14-8-2-130"Imminent danger to the health or safety of the public"

Sec. 130. "Imminent danger to the health or safety of
the public", for purposes of IC 14-34-15-6, has the meaning set forth
in IC 14-34-15-6.

[Pre-1995 Recodification Citation: 13-4.1-1-3(4).]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-131"Improvement location permit"

Sec. 131. "Improvement location permit", for
purposes of IC 14-28-4, has the meaning set forth in IC 14-28-4-2.

Sec. 156. "Log" means a systematic, written record
that describes the strata and formations progressively encountered
while drilling a well for oil and gas purposes or a test hole, including
water, oil, and gas formations and other underground resources. The
term includes data usually recorded during drilling.

Sec. 180. "Nonsignificant ground water withdrawal
facility", for purposes of IC 14-25-4, has the meaning set forth in IC 14-25-4-3.

[Pre-1995 Recodification Citation: 13-2-2.5-2(h).]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-181"Normal water level of a lake"

Sec. 181. "Normal water level of a lake", for
purposes of IC 14-26-5, has the meaning set forth in IC 14-26-5-2.

[Pre-1995 Recodification Citation: 13-2-15-3.]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-182"Nursery"

Sec. 182. "Nursery", for purposes of IC 14-24, means
the premises where nursery stock is propagated, grown, or cultivated
for distribution or sale as a business.

[Pre-1995 Recodification Citation: 14-7-1-12.]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-183"Nurseryman"

Sec. 183. "Nurseryman", for purposes of IC 14-24,
means a person who owns, leases, manages, or controls a nursery.

[Pre-1995 Recodification Citation: 14-7-1-13.]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-184"Nursery stock"

Sec. 184. "Nursery stock" has the following meaning:

(1) For purposes of IC 14-23-1 and IC 14-24, except as provided
in subdivision (2), botanically classified hardy perennial or
biennial trees, shrubs, vines, fruit pits, and other plants or plant
parts capable of propagation. The term does not include corms,
tubers, field vegetables, or flower seeds.

(1) For purposes of IC 14-15, the act of navigating, driving,
steering, sailing, rowing, paddling, or otherwise moving or
exercising physical control over the movement of a watercraft.
However, the term does not include a watercraft that is anchored
or moored.

(2) For purposes of IC 14-34, except IC 14-34-4-8 and IC 14-34-8-4, a person, partnership, limited liability company, or
corporation engaged in coal mining who removes or intends to
remove more than two hundred fifty (250) tons of coal from the
earth by coal mining within twelve (12) consecutive months in
one (1) location.

(b) "Permit", for purposes of IC 14-34, means a permit issued under
IC 14-34 to conduct a surface coal mining and reclamation operation.

[Pre-1995 Recodification Citation: 13-4.1-1-3(6).]

As added by P.L.1-1995, SEC.1. Amended by P.L.214-2014,
SEC.1.

IC 14-8-2-200"Permit area"

Sec. 200. "Permit area", for purposes of IC 14-34,
means the area of land that is indicated on the approved map submitted
by the operator with the operator's application.

[Pre-1995 Recodification Citation: 13-4.1-1-3(7)
part.]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-201"Permittee"

Sec. 201. "Permittee", for purposes of IC 14-34,
means a person or the person's agent holding a permit issued under IC 14-34 to conduct a surface coal mining operation. The term includes a
person who engages in surface coal mining operations without a
permit.

[Pre-1995 Recodification Citation: 13-4.1-1-3(8).]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-202"Person"

Sec. 202. (a) "Person" means, except as provided in
subsections (b) through (j), an individual, a partnership, an association,
a fiduciary, an executor or administrator, a limited liability company,
or a corporation.

(c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24, IC 14-26-2, IC 14-28-1, and IC 14-38-2, means an individual, a
partnership, an association, a fiduciary, an executor or administrator,
a limited liability company, a corporation, other legal entity, the state,
or an agency, a political subdivision, or another instrumentality of the
state.

(h) "Person", for purposes of IC 14-34, means an individual, a
partnership, a limited liability company, an association, a society, a
joint stock company, a firm, a company, a corporation, or other
business organization.

Sec. 269. "Substantial legal and financial
commitments in a surface coal mining operation", for purposes of IC 14-34-18, has the meaning set forth in IC 14-34-18-2.

[Pre-1995 Recodification Citation:
13-4.1-1-3(10.5).]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-270Repealed

[Pre-1995 Recodification Citation: 13-2-22.2-14.]

As added by P.L.1-1995, SEC.1. Repealed by P.L.2-1997,
SEC.91.

IC 14-8-2-271"Supervisor"

Sec. 271. "Supervisor", for purposes of IC 14-32,
refers to one (1) of the members of the governing body of a soil and
water conservation district.

[Pre-1995 Recodification Citation: 13-3-1-3(2).]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-272"Surface coal mining and reclamation operations"

Sec. 272. "Surface coal mining and reclamation
operations", for purposes of IC 14-34, means surface mining operations
and all activities necessary and incident to the reclamation of the
operations after August 3, 1977.

(1) Activities conducted on the surface of land in connection with
a surface coal mine or, subject to the requirements of IC 14-34-11, surface operations and surface impacts incident to an
underground coal mine, the products of which enter commerce or
the operations of which directly or indirectly affect interstate
commerce. The activities include the following:

(A) Excavation for the purpose of obtaining coal, including
common methods such as contour, strip, auger, hilltop removal,
boxcut, open pit, and area mining.

(B) The extraction of coal from coal refuse piles.

(C) The use of explosives and blasting.

(D) In situ distillation or retorting, leaching, or other chemical
or physical processing.

(E) The cleaning, concentrating, or other processing or
preparation of coal.

(F) The loading of coal for interstate commerce at or near the
mine site.

The activities do not include the extraction of coal incidental to
the extraction of other minerals if coal does not exceed sixteen
and two-thirds percent (16 2/3%) of the tonnage of minerals
removed for purposes of commercial use or sale or coal
explorations subject to IC 14-34-9.

(2) The areas upon which mining activities occur or where mining
activities disturb the natural land surface. The areas include the
following:

(A) Adjacent land for which the use is incidental to mining
activities.

(B) All land affected by the construction of new roads or the
improvement or use of existing roads to gain access to the site
of mining activities and for haulage.

(2) is cut by erosion of running water through turf, soil, rock, or
other material; and

(3) has a bottom over which water flows for substantial periods of
the year.

(b) The term includes the following:

(1) The upstream and downstream parts of a watercourse that is
lost in a swamp or a lake if the watercourse emerges from the
swamp or lake in a well defined channel.

(2) A watercourse that has been improved by confining the
watercourse in an artificial channel.

[Pre-1995 Recodification Citation: 13-2-1-4(4).]

As added by P.L.1-1995, SEC.1.

IC 14-8-2-305"Watercraft"

Sec. 305. "Watercraft", for purposes of IC 14-15 and
IC 14-29-8, means any instrumentality or device in or by means of
which a person may be transported upon the public water of Indiana.
The term includes a motorboat, sailboat, rowboat, skiff, dinghy, or
canoe:

Sec. 311. "Water supply", for purposes of IC 14-25
through IC 14-29, means the volume of water designated for use in or
by a beneficial process or purpose in the satisfaction of domestic,
municipal, agricultural, industrial, commercial, recreational, power,
transportation, stream pollution abatement, health, and other uses and
needs in a manner consistent with the public interest.

Sec. 316. "Weed" means any plant that is
competitive, persistent, pernicious, and interferes with human activity,
and as a result is undesirable.

[Pre-1995 Recodification Citation: 13-2-2.5-2(m).]

As added by P.L.177-1995, SEC.3.

IC 14-8-2-317"Well for oil and gas purposes"

Sec. 317. "Well for oil and gas purposes", for
purposes of IC 14-37, means a well bore drilled, deepened, or
converted for any purpose for which a permit is required under IC 14-37. The term includes the following:

(1) An oil well.

(2) A natural gas well.

(3) A coal bed methane well.

(4) A Class II well.

(5) A structure test well.

(6) A well used for the sole purpose of supplying water for the
secondary recovery of petroleum resources.

Sec. 1. As used in this chapter, "prior natural resources
law" refers to the statutes that are repealed or amended in the
recodification act of the 1995 regular session of the general assembly
as the statutes existed before the effective date of the applicable or
corresponding provision of the recodification act of the 1995 regular
session of the general assembly.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

IC 14-8-3-2Purpose of recodification act

Sec. 2. The purpose of the recodification act of the 1995
regular session of the general assembly is to recodify prior natural
resources law in a style that is clear, concise, and easy to interpret and
apply. Except to the extent that:

(1) the recodification act of the 1995 regular session of the
general assembly is amended to reflect the changes made in a
provision of another bill that adds to, amends, or repeals a
provision in the recodification act of the 1995 regular session of
the general assembly; or

(2) the minutes of meetings of the code revision commission
during 1994 expressly indicate a different purpose;

the substantive operation and effect of the prior natural resources law
continue uninterrupted as if the recodification act of the 1995 regular
session of the general assembly had not been enacted.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

IC 14-8-3-3Statutory construction

Sec. 3. Subject to section 2 of this chapter, sections 4
through 9 of this chapter shall be applied to the statutory construction
of the recodification act of the 1995 regular session of the general
assembly.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1. Amended by P.L.2-1997,
SEC.52.

IC 14-8-3-4Effect on existing rights and liabilities

Sec. 4. (a) The recodification act of the 1995 regular
session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued,
incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts or
leases executed; or

before the effective date of the recodification act of the 1995 regular
session of the general assembly (July 1, 1995). Those rights, liabilities,
penalties, offenses, proceedings, bonds, notes, loans, other forms of
indebtedness, tax levies, funds, patents, contracts, leases, permits,
licenses, certificates of registration, grants of authority, or limitations
of authority continue and shall be imposed and enforced under prior
natural resources law as if the recodification act of the 1995 regular
session of the general assembly had not been enacted.

(b) The recodification act of the 1995 regular session of the general
assembly does not:

(1) extend, or cause to expire, a permit, license, certificate of
registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license,
permit, certificate of registration, or other grant or limitation of
authority;

issued under the prior natural resources law.

(c) The recodification act of the 1995 regular session of the general
assembly does not affect the revocation, limitation, or suspension of a
permit, license, certificate of registration, or other grant or limitation
of authority based in whole or in part on violations of the prior natural
resources law or the rules adopted under the prior natural resources
law.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

IC 14-8-3-5Recodification of prior natural resources law

Sec. 5. The recodification act of the 1995 regular
session of the general assembly shall be construed as a recodification
of prior natural resources law. If the literal meaning of the
recodification act of the 1995 regular session of the general assembly
would result in a substantive change in the prior natural resources law,
the difference shall be construed as a typographical, spelling, or other
clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other
matters of style in the recodification act of the 1995 regular
session of the general assembly; and

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 1995
regular session of the general assembly in a manner that does not result
in a substantive change in the law. The principle of statutory
construction that a court must apply the literal meaning of an act if the
literal meaning of the act is unambiguous does not apply to the
recodification act of the 1995 regular session of the general assembly
to the extent that the recodification act of the 1995 regular session of
the general assembly is not substantively identical to the prior natural
resources law.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

IC 14-8-3-6References to repealed and replaced statutes

Sec. 6. Subject to section 7 of this chapter, a reference
in a statute or rule to a statute that is repealed and replaced in the same
or a different form in the recodification act of the 1995 regular session
of the general assembly shall be treated after the effective date of the
new provision as a reference to the new provision.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

IC 14-8-3-7References to provisions of recodification act

Sec. 7. A citation reference in the recodification act of
the 1995 regular session of the general assembly to another provision
of the recodification act of the 1995 regular session of the general
assembly shall be treated as including a reference to the provision of
prior natural resources law that is substantively equivalent to the
provision of the recodification act of the 1995 regular session of the
general assembly that is referred to by the citation reference.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

IC 14-8-3-8References to rules

Sec. 8. (a) As used in the recodification act of the 1995
regular session of the general assembly, a reference to rules adopted
under any provision of this title or under any other provision of the
recodification act of the 1995 regular session of the general assembly
refers to either:

(1) rules adopted under the recodification act of the 1995 regular
session of the general assembly; or

(2) rules adopted under the prior natural resources law until those
rules have been amended, repealed, or superseded.

(b) Rules adopted under the prior natural resources law continue in
effect after June 30, 1995, until the rules are amended, repealed, or
suspended.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.1.

IC 14-8-3-9References to provisions of prior natural resources law

Sec. 9. (a) A reference in the recodification act of the
1995 regular session of the general assembly to a citation in the prior
natural resources law before its repeal is added in certain sections of
the recodification act of the 1995 regular session of the general
assembly only as an aid to the reader.

(b) The inclusion or omission in the recodification act of the 1995
regular session of the general assembly of a reference to a citation in
the prior natural resources law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued,
incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts or leases
executed; or

before the effective date of the recodification act of the 1995 regular
session of the general assembly (July 1, 1995). Those rights, liabilities,
penalties, offenses, proceedings, bonds, notes, loans, other forms of
indebtedness, tax levies, funds, patents, contracts, leases, licenses,
permits, certificates of registration, and other grants of authority
continue and shall be imposed and enforced under prior natural
resources law as if the recodification act of the 1995 regular session of
the general assembly had not been enacted.

(c) The inclusion or omission in the recodification act of the 1995
regular session of the general assembly of a citation to a provision in
the prior natural resources law does not affect the use of a prior
conviction, violation, or noncompliance under the prior natural
resources law as the basis for revocation of a license, permit, certificate
of registration, or other grant of authority under the recodification act
of the 1995 regular session of the general assembly, as necessary or
appropriate to apply the recodification act of the 1995 regular session
of the general assembly in a manner that does not result in a
substantive change in the law.

Sec. 1. The office of director of the department is
created. The governor shall appoint the director, who serves at the
pleasure of the governor. The director is the executive and chief
administrative officer of the department.

[Pre-1995 Recodification Citation: 14-3-3-4 part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.100-2012,
SEC.35.

IC 14-9-2-2Appointment and removal of deputies, officers, and employees

Sec. 2. The director may do the following:

(1) Appoint and remove deputy directors.

(2) Upon the recommendation of the deputy director of a bureau,
appoint and remove all officers and employees of the bureau.

[Pre-1995 Recodification Citation: 14-3-3-4 part.]

As added by P.L.1-1995, SEC.2.

IC 14-9-2-3Supervisory duties

Sec. 3. The director has the following duties:

(1) Supervision of the work of the department and of each of the
divisions.

(2) The control of all officers, deputies, inspectors, and employees
charged with the enforcement of the penal provisions of this title
or of the rules of the commission.

(3) The direct charge of the conservation officers in the
enforcement of the laws relating to fisheries and game.

[Pre-1995 Recodification Citation: 14-3-1-1 part.]

As added by P.L.1-1995, SEC.2.

IC 14-9-2-4Law enforcement powers

Sec. 4. (a) The director may, with the approval of the
commission, do the following:

(1) Cooperate with any other department of state government in
the enforcement of law.

(2) Assign deputies to aid the other department in making
inspections and in the prevention or detection of crime.

(3) Receive similar assistance from the deputies of any other state
department.

(b) If deputies or employees of one (1) department are assigned to
another department, the deputies or employees shall be paid from the
money of the department to which the deputies or employees are
assigned.

[Pre-1995 Recodification Citation: 14-3-1-1 part.]

As added by P.L.1-1995, SEC.2.

IC 14-9-2-5"Endangered species"

Sec. 5. (a) As used in this section, "endangered species"
means the following:

(2) A native plant species classified by the division of nature
preserves as endangered or threatened.

(b) Information that provides the specific or general location of an
endangered species or information that, if disclosed, could have a
detrimental effect on an endangered species may be kept confidential
for purposes of IC 5-14-3-4 at the discretion of the director.

IC 14-9-4-2Creation, consolidation, or abolition of divisions or bureaus

Sec. 2. (a) The commission may, with the approval of
the governor, create divisions other than the divisions established by
section 1 of this chapter as the work of the department develops and as
is necessary to differentiate the various functions of the department.

(b) The commission may, with the approval of the governor, merge,
consolidate, and abolish bureaus and divisions other than the division
of law enforcement as the work of the department develops and as is
necessary to consolidate, coordinate, or reduce the functions of the
department.

(c) In the creation, consolidation, or abolition of bureaus or
divisions, the commission may not do the following:

(1) Exercise a power or duty not otherwise provided by law.

(2) Abdicate or otherwise avoid the execution of a duty imposed
by law.

[Pre-1995 Recodification Citation: 14-3-3-6(d), (e).]

As added by P.L.1-1995, SEC.2.

IC 14-9-4-3State entomologist; state forester

Sec. 3. The:

(1) director of the division of entomology and plant pathology is
the state entomologist; and

Sec. 1. As used in this chapter, "fund" refers to the
revolving fund of a division.

[1995 Recodification Citation: New.]

As added by P.L.1-1995, SEC.2.

IC 14-9-5-2Revolving funds

Sec. 2. All money accruing to the use of a division,
other than a regular or specific appropriation made by the general
assembly, is considered to constitute a revolving fund for the use of the
division.

[Pre-1995 Recodification Citation: 14-3-1-18 part.]

As added by P.L.1-1995, SEC.2.

IC 14-9-5-3Money reverting to state general fund

Sec. 3. Money in a fund does not revert to the state
general fund at the end of a state fiscal year.

[Pre-1995 Recodification Citation: 14-3-1-18 part.]

As added by P.L.1-1995, SEC.2. Amended by P.L.66-2008,
SEC.2.

IC 14-9-5-4Indiana sportsmen's benevolence account

Sec. 4. (a) As used in this section, "account" means the
Indiana sportsmen's benevolence account established by subsection (b).

(b) The Indiana sportsmen's benevolence account is established
within the fund for the division of law enforcement to encourage
citizen participation in feeding the state's hungry through donations of
wild game that has been lawfully hunted.

(c) The account consists of:

(1) gifts;

(2) donations;

(3) proceeds derived from marketing by the division of law
enforcement of goods related to the feeding of the state's hungry
through donations of wild game under subsection (b); and

(d) The expenses of administering the account shall be paid from
money in the account.

(e) The division of law enforcement shall:

(1) conduct a publicity campaign relating to feeding the state's
hungry through donations of wild game;

(2) coordinate with nonprofit entities and other entities created
with goals of feeding the state's hungry;

(3) coordinate with nonprofit entities to use the money collected
under IC 14-22-12-1(c) to assist meat processors in processing
donations of wild game related to feeding the state's hungry; and

(4) engage in any other activities to further the goals of this
section.

(f) A person who receives money from the fund must submit a
budget request for providing estimated payments to participating meat
processors for the number of donated wild game animals to be included
in the program. The division of law enforcement must certify the
information on the application and determine:

(1) whether the participating meat processor may receive a grant;
and

(2) the amount of the grant each participating meat processor may
receive under this section.

(g) An eligible meat processor may use money granted to the meat
processor from the account as authorized under this section. However,
an eligible meat processor must submit to the division of law
enforcement any information that is requested of the meat processor.
At the request of the division of law enforcement or the state board of
accounts, the eligible meat processor shall submit to an audit of the
funds received.

(h) The division of law enforcement shall make grant distributions
under this section to eligible meat processors as soon as practical after
receipt of an approved invoice for payment.

(i) The department shall adopt rules under IC 4-22-2 to implement
this chapter, including rules governing:

(1) the deadlines for applying for a grant under this section;

(2) the types of expenses incurred for which grant money may be
used; and

(3) any expense documentation required to satisfy program
accounting needs.

(j) Money in the account is annually appropriated for the purposes
described in this section.

(k) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the account.

(l) Money in the account at the end of a state fiscal year does not
revert to the state general fund.

Sec. 2. As used in this chapter, "division" refers to the
law enforcement division.

[Pre-1995 Recodification Citation: 14-3-4-1(b).]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-3Organization of division

Sec. 3. The law enforcement division shall be organized
in conformity with rules adopted by the commission.

[Pre-1995 Recodification Citation: 14-3-4-1(e).]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-4Purchases

Sec. 4. The department shall purchase all property,
supplies, and equipment for the division.

[Pre-1995 Recodification Citation: 14-3-4-1(f).]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-5Compensation of director and conservation officers

Sec. 5. The salaries and compensation of the division
director and the conservation officers shall be fixed by the director and
approved by the budget agency as provided by Indiana law.

[Pre-1995 Recodification Citation: 14-3-4-1(g).]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-6Appointment of director

Sec. 6. The governor shall appoint the director of the
division in accordance with a recommendation of the director. The
division director:

(1) is in charge of the division and has general supervision of the
work of the division;

(2) serves at the pleasure of the governor;

(3) shall be selected on the basis of training and experience; and

(4) must have had at least five (5) years experience in a
supervisory capacity in a law enforcement agency closely
associated with conservation to equip the division director for the
position.

[Pre-1995 Recodification Citation: 14-3-4-2.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-7Duties of director

Sec. 7. (a) The division director shall, with the approval
of the director, do the following:

(1) Establish classification of ranks, grades, and positions in the
division.

(2) Designate the authority and responsibility of each rank.

(3) For each rank, grade, and position, set standards of
qualifications and fix the prerequisite of training, education, and
experience.

(b) The division director may, with the approval of the director,
designate the rank, grade, and position to be held by each employee of
the division. The division director may assign and reassign each
employee of the division to serve at the stations and perform the duties
that the division director designates.

[Pre-1995 Recodification Citation: 14-3-4-3.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-8Appointment of personnel

Sec. 8. The division director shall, with the approval of
the director, appoint personnel to the ranks, grades, and positions
within the division.

[Pre-1995 Recodification Citation: 14-3-4-4(a).]

As added by P.L.1-1995, SEC.2. Amended by P.L.100-2012,
SEC.40.

IC 14-9-8-9Political activities not to be required

Sec. 9. An officer appointee or a conservation officer
of the division may not be ordered in any manner to do any of the
following:

(1) Engage in the activities or interest of any of the following:

(A) A political party.

(B) A candidate for public office.

(C) A candidate for nomination to public office.

(2) Participate in any manner in a political campaign for the
nomination or election of candidates to public office.

[Pre-1995 Recodification Citation: 14-3-4-4(b).]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-10Worker's compensation

Sec. 10. (a) Injury, death, or occupational disease of
a conservation officer arising out of and during the course of the
performance of the officer's duties as a conservation officer is
compensable under IC 22-3.

(b) For the purposes of this chapter and IC 22-3, all conservation
officers are conclusively presumed to have accepted the compensation
provisions of IC 22-3.

[Pre-1995 Recodification Citation: 14-3-4-5.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-11Training and examinations

Sec. 11. (a) The division director shall, with the
approval of the director, organize and conduct a training school for
officer candidates and other employees of the division. A conservation
officer may not be assigned to regular active duty until the officer has
received training and successfully passed a course prescribed by the
division director. The division director shall periodically prescribe and
conduct supplemental training courses for all conservation officers of
the division.

(b) The division director shall devise and administer examinations
designed to test applicants in the qualifications required for the rank,
grade, or position. Only those applicants who best meet the
prerequisites may be appointed.

[Pre-1995 Recodification Citation: 14-3-4-6(a), (b)
part.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-12Probationary employees

Sec. 12. All new conservation officers appointed to the
division are probationary employees for one (1) year from the date of
appointment.

[Pre-1995 Recodification Citation: 14-3-4-6(b) part.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-13Ineligibility for reappointment

Sec. 13. A person who:

(1) is discharged from the division; or

(2) withdraws before the completion of two (2) years of duty from
date of appointment;

is not eligible for reappointment.

[Pre-1995 Recodification Citation: 14-3-4-6(b) part.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-14Discharge, demotion, or suspension

Sec. 14. (a) The division director may, with the
approval of the director, discharge, demote, or temporarily suspend an
employee of the division, for cause, after preferring charges in writing.

(b) An employee who is discharged or demoted is entitled to a
public hearing before the department if the employee demands a
hearing within ten (10) days after receiving notice of the charges. The
employee may be represented by counsel.

(c) The findings of the department are final, except that the
employee may appeal to the appropriate court.

(d) A probationary employee may be discharged without charges
being made and is not entitled to a hearing.

(e) A conservation officer may not be discharged because of
political affiliation.

[Pre-1995 Recodification Citation: 14-3-4-7.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-15Uniforms and equipment

Sec. 15. (a) The department shall provide the
conservation officers of the division the uniforms and equipment
necessary to the performance of their duties. All uniforms and
equipment remain the property of the state.

(b) The division director shall, with the approval of the director,
charge against an employee of the division the value of property lost or
destroyed through carelessness or neglect of the employee. The value
of the equipment shall be deducted from the pay of the employee.

[Pre-1995 Recodification Citation: 14-3-4-8.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-16Powers and duties of conservation officers

Sec. 16. (a) A conservation officer of the division:

(1) has all necessary police powers to enforce the natural
resources laws; and

(2) may, without warrant, arrest a person for a violation of those
laws when committed in the officer's presence.

(b) A conservation officer shall do the following:

(1) Detect and prevent violations of natural resources laws.

(2) Enforce natural resources laws and rules.

(3) Perform other related duties that are imposed upon
conservation officers by law.

(c) A conservation officer has the same power with respect to
natural resources matters and the enforcement of the laws relating to
natural resources laws as have law enforcement officers in their
respective jurisdictions. A warrant of arrest or search warrant issued by
proper authority may be executed by a conservation officer in any
county.

[Pre-1995 Recodification Citation: 14-3-4-9(a) part.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-17Police and arrest powers

Sec. 17. A conservation officer:

(1) is a law enforcement officer under IC 9-13-2-92 and IC 35-31.5-2-185 and has the power to enforce Indiana laws and
without warrant to arrest for the violation of any of those laws
when committed in the officer's presence;

in lawful discharge of the individual's duty in the enforcement of this
chapter commits a Class C misdemeanor.

[Pre-1995 Recodification Citation: 14-3-4-9(c).]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-20Cooperation with law enforcement officers; investigations

Sec. 20. The division shall do the following:

(1) Cooperate with the law enforcement officers of the state in the
detection of the violation of Indiana natural resources laws.

(2) Conduct investigations as necessary to secure the evidence
that may be essential to the conviction of alleged violators of
Indiana natural resources laws.

[Pre-1995 Recodification Citation: 14-3-4-10.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-21Conservation officers fish and wildlife fund

Sec. 21. (a) As used in this section, "fund" refers to the
conservation officers fish and wildlife fund established by this section.

(b) The conservation officers fish and wildlife fund is established.
The department shall administer the fund. The department may expend
the money in the fund exclusively for special law enforcement
investigations of fish and wildlife violations. The expenditures
authorized under this subsection include the purchase and repair of
decoys (as defined in IC 14-22-40-2).

(c) The expenses of administering the fund shall be paid from
money in the fund.

(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund. However, if the amount of money in the fund
at the end of a state fiscal year exceeds thirty-five thousand dollars
($35,000), the treasurer of state shall transfer the excess from the fund
into the fish and wildlife fund.

[Pre-1995 Recodification Citation: 14-3-4-11.]

As added by P.L.1-1995, SEC.2. Amended by P.L.133-1996,
SEC.6.

IC 14-9-8-21.5Conservation officers marine enforcement fund

Sec. 21.5. (a) As used in this section, "fund" refers
to the conservation officers marine enforcement fund established by
this section.

(b) The conservation officers marine enforcement fund is
established. The department shall administer the fund. The department
may expend the money in the fund exclusively for marine enforcement
efforts associated with recreational boating on Indiana waters,
including uses described in IC 14-9-9-5.

(c) The fund consists of money from the lake and river enhancement
fee paid by boat owners and deposited under IC 6-6-11-12(c)(2).
Money deposited in the fund is annually appropriated and allotted to
the department to carry out the purposes of this section. The expenses
of administering the fund shall be paid from money in the fund.

(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund. However, the department may transfer from
the fund to the counties with special boat patrol needs fund (IC 14-9-9-5) an amount that does not exceed twenty percent (20%) of
money deposited into the fund.

As added by P.L.233-2003, SEC.4.

IC 14-9-8-22Retirement of conservation officers

Sec. 22. Whenever a conservation officer retires after
at least twenty (20) years of service, the department shall, in
recognition of the officer's service to the department, do the following:

(1) Permit the officer to retain the standard hand service weapon
the department issued to the officer.

(2) Issue the officer a badge that indicates the officer is a retired
conservation officer.

(3) Issue the officer an identification card that contains the
following information:

(A) The name of the department.

(B) The name of the officer.

(C) The officer's rank in the department.

(D) That the officer is retired.

(E) That the officer is authorized to retain the service weapon
issued to the officer by the department.

[Pre-1995 Recodification Citation: 14-3-4-12.]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-23"Turn in a poacher" program

Sec. 23. (a) The "turn in a poacher" program is
established within the division for the purpose of encouraging citizen
participation in deterring the unlawful taking or possession of game,
fish, or nongame wildlife.

(b) Under the program the department shall accomplish the purpose
set out in subsection (a) by doing the following:

Sec. 24. The director may authorize a person who is
not a conservation officer to enforce Indiana fish and wildlife laws as
if the person were a conservation officer under the following
conditions:

(1) The person must be a full-time law enforcement officer in
Indiana or a full-time conservation law enforcement officer from
another state, the United States, or Canada.

(2) The person's employer must agree, in writing, to continue the
person's level of compensation, including all insurance, medical,
retirement, and other benefits, and must agree that no additional
compensation or benefits will be paid by the state.

(3) The authorization may not be for longer than ninety (90) days,
but the authorization may be renewed.

(4) The authorization must relate to a specific problem or
operation.

(5) The authorization must be in writing.

[Pre-1995 Recodification Citation: 14-3-4-14(a).]

As added by P.L.1-1995, SEC.2.

IC 14-9-8-25Conservation officers authorized to work with law enforcement
agencies

Sec. 25. The director may authorize a conservation
officer to work temporarily with a law enforcement agency in Indiana,
another state, or Canada under the following conditions:

(1) The authorization may not be for longer than thirty (30) days,
but the authorization may be renewed.

Sec. 27. (a) A conservation reserve officer may be
appointed to assist the division in the enforcement of watercraft laws
and for no other purpose. A conservation reserve officer must be
appointed in the same manner that a conservation officer is appointed.

(b) A conservation reserve officer:

(1) may not be a conservation officer;

(2) has the police powers of a conservation officer to enforce
watercraft laws, except as limited by the rules of the department;

(3) to the extent that money is appropriated for a purpose listed in
this subdivision, may receive:

(A) a uniform allowance;

(B) compensation for time lost from other employment because
of court appearances;

(C) insurance for life, accident, and sickness coverage;

(D) compensation for lake patrol duties that the division
director assigns and approves for compensation; or

(E) any combination of benefits specified in clauses (A)
through (D);

(4) is not eligible to participate in a pension program provided for
conservation officers;

(5) may not be appointed until completion of the following:

(A) A minimum of forty (40) hours of general reserve officer
training.

(B) A minimum of twelve (12) hours in addition to the training
under subdivision (A) in the enforcement of watercraft laws.

(7) may be covered by the medical treatment and burial expense
provisions of the worker's compensation law (IC 22-3-2 through
IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).

If compensability of an injury covered under subdivision (7) is an issue,
the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 must be used to resolve the issue.

(c) A conservation reserve officer carrying out lake patrol duties
under this chapter is immune from liability under IC 34-30-12,
notwithstanding the payment of compensation to the conservation
reserve officer.

(d) The department may adopt rules under IC 4-22-2 to implement
this section and to limit the authority of conservation reserve officers.

As added by P.L.2-1996, SEC.252. Amended by P.L.1-1998,
SEC.109.

IC 14-9-8-28Salaries

Sec. 28. (a) The natural resources commission shall
categorize salaries of enforcement officers within each rank based upon
the rank held and the number of years of service in the department
through the twentieth year. The salary ranges that the commission
assigns to each rank shall be divided into a base salary and twenty (20)
increments above the base salary with:

(1) the base salary in the rank paid to a person with less than one
(1) year of service in the department; and

(2) the highest salary in the rank paid to a person with at least
twenty (20) years of service in the department.

(b) The salary matrix prescribed by this section shall be reviewed
and approved by the state budget agency before implementation.

(c) The salaries for law enforcement officers of the law enforcement
division of the department must be equal to the salaries of police
employees of the state police department under IC 10-11-2-13, based
upon years of service in the department and rank held.

(d) The requirement of subsection (c) does not affect:

(1) any rights or liabilities accrued; or

(2) any proceedings begun;

on or before June 30, 1999. Those rights, liabilities, and proceedings
continue and shall be imposed and enforced under prior civil law and
procedure as if the requirement of subsection (c) had not been enacted.

Sec. 1. As used in this chapter, "department" refers to
the department of natural resources.

As added by P.L.137-1997, SEC.3.

IC 14-9-9-2"Fiscal body" defined

Sec. 2. As used in this chapter, "fiscal body" has the
meaning set forth in IC 36-1-2-6(1) or IC 36-1-2-6(2), whichever
applies.

As added by P.L.137-1997, SEC.3.

IC 14-9-9-3"Fund" defined

Sec. 3. As used in this chapter, "fund" refers to the
counties with special boat patrol needs fund established by section 5 of
this chapter.

As added by P.L.137-1997, SEC.3.

IC 14-9-9-4"Lake" defined

Sec. 4. As used in this chapter, "lake" has the meaning
set forth in IC 14-8-2-137(1).

As added by P.L.137-1997, SEC.3.

IC 14-9-9-5Establishment of fund; operation

Sec. 5. (a) The counties with special boat patrol needs
fund is established exclusively to provide grants to certain counties to
provide law enforcement services on lakes or boundary waters located
within the counties.

(b) The department shall administer the fund. Money in the fund
includes money transferred from the conservation officers marine
enforcement fund (IC 14-9-8-21.5). Money in the fund is annually
appropriated to the department and shall be used exclusively for the
enforcement of laws pertaining to watercraft on lakes or boundary
waters located in counties with special boat patrol needs as described
in this chapter.

(c) The expenses of administering the fund shall be paid from
money in the fund.

(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.

(e) Money in the fund at the end of a fiscal year does not revert to
the state general fund.

Sec. 6. The department shall develop a formula for the
distribution of grants from the fund. The formula must take into
account at least the following factors:

(1) The number of lakes or boundary waters located within the
county.

(2) The extent of boat usage for each lake or boundary waters in
the county.

(3) The total number of acres of lake or boundary waters surface
within the county.

(4) The extent to which law enforcement services on the lakes or
boundary waters located within the county are provided by the
county.

(5) Any other pertinent factor that affects the extent to which law
enforcement services are provided on lakes or boundary waters
located within the county.

As added by P.L.137-1997, SEC.3. Amended by P.L.219-2014,
SEC.18.

IC 14-9-9-7Grant eligibility requirements

Sec. 7. For a county to be eligible to receive a grant
from the fund, each year in which a grant is sought the following must
occur:

(1) The county sheriff must submit to the fiscal body an estimated
budget request to provide special needs boat patrol on lakes or
boundary waters located within the county. If the county sheriff
does not request a grant from the fund, the fiscal body may
complete an estimated budget.

(2) If the budget request is approved, the fiscal body must timely
apply to the department, on forms provided by the department, for
a grant under this chapter.

(3) The department must certify the information on the
application and, based on the formula developed under section 6
of this chapter, determine:

Sec. 8. (a) If a county is awarded a grant under this
chapter, the county must establish a special account within the county's
general fund. The grant must be deposited in the special account for the
county sheriff's or fiscal body's exclusive use in providing law
enforcement services on lakes or boundary waters located within the
county.

(b) The county sheriff or fiscal body may use grant money as
authorized under this chapter without appropriation. However, itemized
receipts for expenditures of money granted from the fund must be
submitted for inspection and review upon request of the department. At
the request of the department, the county auditor of the participating
county shall conduct an audit of the account.

(c) The receipt of a grant under this chapter may not be used as a
basis for lowering the county's maximum permissible ad valorem
property tax levy.

(d) All individuals providing law enforcement services using a grant
under this chapter, whether under the authority of the county sheriff or
under a contract with the fiscal body, must meet the minimum training
requirement set forth in IC 5-2-1-9.

Sec. 1. The natural resources commission is
established. The commission consists of twelve (12) members as
follows:

(1) The commissioner of the Indiana department of transportation
or the commissioner's designee.

(2) The commissioner of the department of environmental
management or the commissioner's designated deputy.

(3) The director of the office of tourism development or the
director's designee.

(4) The director of the department.

(5) The chairperson of the advisory council established by IC 14-9-6-1.

(6) The president of the Indiana academy of science or the
president's designee.

(7) Six (6) citizen members appointed by the governor, at least
two (2) of whom must have knowledge, experience, or education
in the environment or in natural resource conservation. Not more
than three (3) citizen members may be of the same political party.

Sec. 2. The governor may fill a vacancy in the ex
officio membership of the commission by temporary appointment.
However, the term of a member appointed terminates upon the filling
of the office.

[Pre-1995 Recodification Citation: 14-3-3-3(b).]

As added by P.L.1-1995, SEC.3.

IC 14-10-1-3Citizen members

Sec. 3. (a) The term of a citizen member of the
commission is three (3) years.

(b) The governor may remove a citizen member for cause.

(c) The governor shall appoint a person to fill a vacancy in the
citizen membership of the commission caused by death, resignation,
removal, or other cause for the unexpired term.

[Pre-1995 Recodification Citation: 14-3-3-3(c) part.]

As added by P.L.1-1995, SEC.3.

IC 14-10-1-4Per diem compensation and traveling expenses

Sec. 4. (a) The members of the commission who are
not state employees are entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) for each day that the members are
engaged in the official business of the commission.

(b) The members of the commission are entitled to reimbursement
for travel, lodging, meals, and other expenses as provided in the state
travel policies and procedures established by the Indiana department
of administration and approved by the budget agency.

[Pre-1995 Recodification Citation: 14-3-3-3(d) part.]

As added by P.L.1-1995, SEC.3.

IC 14-10-1-5Officers

Sec. 5. (a) One (1) time each year the commission
shall elect officers from the membership of the commission. The
officers must include the following:

(1) A chairman, who shall preside at meetings.

(2) A vice chairman, who shall preside at meetings in the absence
of the chairman.

(3) A secretary, who shall cause the preparation and maintenance
of records of the business of the commission.

(b) Officers:

(1) serve for terms of one (1) year; and

(2) may be reelected by the membership of the commission.

[Pre-1995 Recodification Citation: 14-3-3-3(f).]

As added by P.L.1-1995, SEC.3.

IC 14-10-1-6Quorum

Sec. 6. A majority of the members of the commission
constitutes a quorum for the transaction of business, the exercise of
powers, or the performance of duties.

[Pre-1995 Recodification Citation: 14-3-3-3(d) part.]

As added by P.L.1-1995, SEC.3.

IC 14-10-1-7Meetings

Sec. 7. (a) The commission shall have at least four (4)
regular meetings in each fiscal year and as many additional or special
meetings as the commission's business, powers, or duties require.

(b) The chairman:

(1) may call a special meeting; and

(2) shall call a special meeting at the request of any five (5)
members.

Sec. 0.3. On May 13, 2005, the powers of the
department to establish fees are transferred to the commission. After
May 13, 2005, the commission may exercise any power delegated to
the department to establish fees, and a rule of the department that
establishes a fee for any of the following shall be treated as a rule of the
commission:

(1) Programs of the department or the commission.

(2) Facilities owned or operated by the department, the
commission, or a lessee of the department or the commission.

(3) Licenses issued by the commission, the department, or the
director of the department.

(4) Inspections or other similar services under this title performed
by the department or an assistant or employee of the department.

As added by P.L.220-2011, SEC.291.

IC 14-10-2-1Powers of commission

Sec. 1. The commission may do the following:

(1) Take the action that is necessary to enable the state to
participate in the programs set forth in 16 U.S.C. 470 et seq.

(2) Promulgate and maintain a state register of districts, sites,
buildings, structures, and objects significant in American or
Indiana history, architecture, archeology, and culture and expend
money for the purpose of preparing comprehensive statewide
historic surveys and plans, in accordance with criteria established
by the commission, that comply with the standards and
regulations promulgated by the United States Secretary of the
Interior for the preservation, acquisition, and development of the
properties.

(3) Establish in accordance with criteria established by the United
States Secretary of the Interior a program of matching
grants-in-aid to public agencies for projects having as their
purpose the preservation for public benefit of properties that are
significant in American or Indiana history, architecture,
archeology, and culture.

(4) Accept grants from public and private sources, including those
provided under 16 U.S.C. 470 et seq.

(5) Establish fees for the following:

(A) Programs of the department or the commission.

(B) Facilities owned or operated by the department or the
commission or a lessee of the department or commission.

(C) Licenses and permits issued by the commission, the
department, or the director.

(D) Inspections or other similar services under this title
performed by the department or an assistant or employee of the
department.

(6) Adopt rules under IC 4-22-2 for the establishment of fees
under subdivision (5).

(7) Increase a fee for a license or permit that is specified as a
minimum fee in a statute.

IC 14-10-2-2Appointment of administrative law judges; division of hearings;
appointment of special judge

Sec. 2. (a) The commission shall appoint
administrative law judges.

(b) The commission shall create a division of hearings. The division
of hearings shall assist the commission in performing the functions of
this section. The director of the division of hearings may appoint a
special administrative law judge.

(2) administrative law judge appointed under section 2 of this
chapter;

consolidate multiple proceedings that are subject to the jurisdiction of
both the office of environmental adjudication and the division of
hearings.

(b) The environmental law judge or the administrative law judge
shall grant the motion made under subsection (a) if the following
findings are made:

(1) The proceedings include the following:

(A) Common questions of law or fact.

(B) At least one (1) person, other than the department or the
department of environmental management, who is a party to all
the proceedings.

(C) Issues of water quality, water quantity, or both.

(2) Consolidation may support administrative efficiency.

(c) If a motion to consolidate proceedings has been granted under
subsection (b), the hearing must be conducted by a panel that consists
of at least one (1) environmental law judge and one (1) administrative
law judge. The panel is the ultimate authority for matters authorized
under IC 4-21.5-7-5 and this title. Any party, including the department
and the department of environmental management, may petition an
appropriate court for judicial review of a final determination of the
panel.

(d) The office of environmental adjudication and the division of
hearings shall adopt joint rules to implement this section.

As added by P.L.84-2008, SEC.3.

IC 14-10-2-3Commission as ultimate authority of department

Sec. 3. Except as provided in section 2.5 of this
chapter and IC 14-34-2-2, the commission is the ultimate authority of
the department under IC 4-21.5.

[Pre-1995 Recodification Citation: 14-3-3-21(a).]

As added by P.L.1-1995, SEC.3. Amended by P.L.84-2008,
SEC.4.

IC 14-10-2-4Adoption of rules

Sec. 4. (a) The commission shall adopt rules under IC 4-22-2 to carry out the commission's duties under this title.

(b) The commission may adopt rules to exempt an activity from
licensing under this title, except:

Sec. 6. (a) The commission may issue a notice of
violation to a person who violates a law administered by the
department for which a misdemeanor or an infraction penalty is
established. If the person:

(1) receives the notice; and

(2) fails to abate the violation within a period of not less than
fifteen (15) days specified in the notice;

the commission may impose a charge that does not exceed the
maximum amount that may be assessed by a court for committing the
violation.

(b) IC 4-21.5 applies to proceedings by the commission under this
section. The department has the burden of proving the alleged violation
by a preponderance of the evidence.

(c) A separate notice of violation may be issued or a separate charge
imposed for each day a violation occurs.

(d) The person may establish as an affirmative defense the filing by
a prosecuting attorney of a misdemeanor information or infraction
complaint based on the same event as that upon which the notice of
violation was based. The person has the burden of proving the
affirmative defense.

(e) The remedy provided by this section is supplemental to other
remedies.

[Pre-1995 Recodification Citation: 14-3-3-22.]

As added by P.L.1-1995, SEC.3.

IC 14-10-2-7Treatment of certain rules

Sec. 7. Any rule:

(1) adopted by the director of the department of natural resources
under IC 14-2 (before its repeal); and

(2) in effect on June 30, 1990;

shall be treated after June 30, 1990, as a rule adopted by the natural
resources commission.

14-10-3-10Employees not required to declare political,
religious, or fraternal affiliations

IC 14-10-3-1Applicability of chapter

Sec. 1. This chapter applies to the property managers
of each of the following divisions of the department:

(1) State parks.

(2) Forestry.

(3) Fish and wildlife.

(4) Reservoir management.

[Pre-1995 Recodification Citation: 14-3-3.5-1(a).]

As added by P.L.1-1995, SEC.3. Amended by P.L.167-2011,
SEC.14.

IC 14-10-3-2Procedures to be followed

Sec. 2. The procedures prescribed by this chapter shall
be followed to enlist, train, hire, or terminate employment of
individuals subject to this chapter.

[Pre-1995 Recodification Citation: 14-3-3.5-1(b)
part.]

As added by P.L.1-1995, SEC.3.

IC 14-10-3-3Establishment of minimum requirements

Sec. 3. The commission shall establish minimum
aptitude, educational, and experience requirements for each position of
management and supervision.

[Pre-1995 Recodification Citation: 14-3-3.5-1(b)
part.]

As added by P.L.1-1995, SEC.3.

IC 14-10-3-4Posting of open positions

Sec. 4. (a) The director of a division subject to this
chapter shall inform the state personnel department and the general
public of Indiana of the following:

(1) That a position is or will be vacant within the division.

(2) That applications for employment will be accepted for at least
thirty (30) days.

(b) However, the director of the department, acting through the
deputy director of the bureau that supervises the division, may fill a
property management position by promoting or transferring within the
department a qualified individual previously employed under this
chapter.

[Pre-1995 Recodification Citation: 14-3-3.5-1(b)
part.]

As added by P.L.1-1995, SEC.3.

IC 14-10-3-5Director to review applications and make recommendations

Sec. 5. The director of the division with whom the
application for employment is made shall:

(1) review all applications; and

(2) recommend to the commission at least one (1) individual for
employment.

14-11-1-8Limitation; sale or lease of water rights;
Charlestown water wells

IC 14-11-1-1General powers of department

Sec. 1. The department may do the following:

(1) Investigate, compile, and disseminate information and make
recommendations concerning the natural resources of Indiana and
their conservation, including the following:

(A) The drainage and reclamation of land.

(B) Flood prevention.

(C) Development of water power.

(D) Culture and preservation of forests, fish, and game.

(E) The preservation of soils.

(F) The prevention of the waste of mineral resources.

(G) The prevention and methods of control of plant diseases,
infections, and pests.

(H) The prevention and methods of control of bee diseases, the
increased production of honey, and the use of bee appliances.

(I) Other questions or subjects that are contained in this title.

(2) Cooperate with the appropriate departments of the federal
government in conducting topographical and other surveys,
experiments, or work of joint interest to the state and the federal
government.

[Pre-1995 Recodification Citation: 14-3-1-3.]

As added by P.L.1-1995, SEC.4.

IC 14-11-1-2Cooperation with public or private entities or individuals

Sec. 2. The department may cooperate with:

(1) a public or private institution; or

(2) individuals, societies, or associations of individuals;

in making scientific investigations, compiling reports, or otherwise in
the manner and to the extent that the commission considers necessary
or advantageous in carrying out the purposes of this title.

[Pre-1995 Recodification Citation: 14-3-1-4.]

As added by P.L.1-1995, SEC.4.

IC 14-11-1-3Powers regarding oaths and subpoenas

Sec. 3. (a) A member of the commission, a division
director, or a hearing officer appointed by the commission may do the
following:

(1) Administer oaths and certify to official acts.

(2) Require information from any person for purposes of this title.

(3) Issue subpoenas.

(4) Require the attendance of witnesses.

(5) Examine witnesses under oath.

(b) If a person fails to comply with an order issued under this
chapter or under IC 14-3-1 (before its repeal), the circuit court, superior
court, or probate court having jurisdiction over the person shall, on
request, require compliance with the order.

[Pre-1995 Recodification Citation: 14-3-1-5.]

As added by P.L.1-1995, SEC.4. Amended by P.L.84-2016,
SEC.69.

IC 14-11-1-4Preparation and dissemination of literature and information

Sec. 4. (a) The commission may have prepared the
technical and nontechnical literature and information relating to
matters within the field of work of the department or a division of the
department that the commission considers suitable and worthy of
publication. The commission shall disseminate the literature and
information through the public press and otherwise. The commission
may, with the approval of the governor, publish the literature and
information in bulletin form.

(b) The literature and information shall be paid for out of money
appropriated for the expenses of the department.

[Pre-1995 Recodification Citation: 14-3-1-7.]

As added by P.L.1-1995, SEC.4.

IC 14-11-1-5Delegation of management and operation of property

Sec. 5. The department may, by contract, delegate the
management and operation of any of the property held and managed by
the department to an organization under the terms the department
considers advisable.

[Pre-1995 Recodification Citation: 14-6-16-5.]

As added by P.L.1-1995, SEC.4.

IC 14-11-1-6Enforcement powers

Sec. 6. The department shall recommend and secure
the enforcement of laws for the conservation and development of the
natural resources of Indiana.

[Pre-1995 Recodification Citation: 14-3-1-11(a).]

As added by P.L.1-1995, SEC.4.

IC 14-11-1-7Payment by credit card

Sec. 7. (a) As used in this section, "credit card"
includes a bank card, debit card, charge card, prepaid card, or other
similar method of payment.

(b) In addition to other methods of payment allowed by law, the
department may accept payment by credit card for licenses, fees, or
other amounts due the department.

(c) The department may enter into appropriate agreements with
banks or other organizations authorized to do business in Indiana to
enable the department to accept payment by credit card.

(d) The department may recognize net amounts remitted by the bank
or other organization as deposit in full of amounts due the department.

(e) The department may pay any applicable credit card service
charge or fee.

As added by P.L.95-1998, SEC.2.

IC 14-11-1-8Limitation; sale or lease of water rights; Charlestown water wells

Sec. 8. The department of natural resources may not
sell, lease, exchange, or transfer property or an interest in a property to
another person for the purpose of allowing the selling of water out of
Indiana from Charlestown Water Wells located on park property
without the prior approval of River Ridge Development Authority.

Sec. 0.3. As used in this chapter, "bureau" refers to
the child support bureau (Title IV-D agency) established under IC 31-25-3.

As added by P.L.257-1997(ss), SEC.26. Amended by
P.L.145-2006, SEC.130.

IC 14-11-3-0.5"Delinquent" defined

Sec. 0.5. As used in this chapter, "delinquent" means
at least:

(1) two thousand dollars ($2,000); or

(2) three (3) months;

past due on payment of court ordered child support.

As added by P.L.257-1997(ss), SEC.27.

IC 14-11-3-1Licenses

Sec. 1. (a) As used in this section, "license" means a
license, a franchise, a permit, a certification, an approval, a registration,
a charter, or a similar form of authorization that may be issued to a
person by:

(1) the department;

(2) the commission; or

(3) the director;

under Indiana law. The term does not include a license issued by the
historic preservation review board established by IC 14-21-1-20.

(b) Notwithstanding any other law, the director shall issue all
licenses.

(c) A designee of the director may issue licenses. A designee of the
director must be a full-time employee of the department.

(3) Explains that the person may contest the bureau's
determination that the person is delinquent and subject to an order
placing the person on probationary status by making written
application to the bureau within twenty (20) days after the date
the notice is mailed.

(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an order
placing the person on probationary status is a mistake of fact.

(5) Explains the procedures to:

(A) pay the person's child support arrearage in full; or

(B) establish a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.

(6) Explains that the probation will terminate ten (10) business
days after the director receives a notice from the bureau that the
person has:

(A) paid the person's child support arrearage in full; or

(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5.

(b) Upon receiving an order from the bureau under IC 31-25-4-34(e), the director shall send to the person who is the subject
of the order a notice that states the following:

(1) That a license issued to the person under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or
IC 14-31-3 has been placed on probationary status, beginning five
(5) business days after the date the notice is mailed, and that the
probation will terminate ten (10) business days after the director
receives a notice from the bureau that the person has:

(A) paid the person's child support arrearage in full; or

(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5.

(2) That if the director is advised by the bureau that the person
whose license has been placed on probationary status has failed
to:

(A) pay the person's child support arrearage in full; or

(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;

within twenty (20) days after the date the notice is mailed, the
director shall suspend the person's license.

(c) If a person whose license has been placed on probationary status
fails to:

(1) pay the person's child support arrearage in full; or

(2) establish a payment plan with the bureau to pay the arrearage,
which includes an income withholding order under IC 31-16-15-2
or IC 31-16-15-2.5;

within twenty (20) days after the notice required under subsection (b)
is mailed, the director shall suspend the person's license.

(d) The director may not reinstate a license placed on probation or
suspended under this section until the director receives a notice from
the bureau that the person has:

(1) paid the person's child support arrearage in full; or

(2) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.

(1) listed on the tax assessment rolls as being responsible for the
payment of real property taxes imposed on the property; and

(2) in whose name title to real property is shown in the records of
the recorder of the county in which the real property is located.

[Pre-1995 Recodification Citation: 14-3-18-5.]

As added by P.L.1-1995, SEC.4.

IC 14-11-4-3"License" defined

Sec. 3. As used in this chapter, "license" means a
permit, a license, a concession, or other authorization that may be
issued to a person by:

(1) the director;

(2) the department; or

(3) the commission;

under Indiana law.

[Pre-1995 Recodification Citation: 14-3-18-6.]

As added by P.L.1-1995, SEC.4.

IC 14-11-4-4Issuance of license 30 days after notice of application given

Sec. 4. The director or the department may not issue
a license until thirty (30) days after the notice required by this chapter
has been given. Notice may be given at any time after an application
for a license is filed with the department. The department may require
by rule that notice under section 5 of this chapter be provided by the
license applicant.

[Pre-1995 Recodification Citation: 14-3-18-7.]

As added by P.L.1-1995, SEC.4.

IC 14-11-4-5Notice of application for license

Sec. 5. (a) If a license application affects real property,
notice of the application is required as follows:

(1) The applicant must notify at least one (1) of the owners of
each parcel of real property reasonably known to be adjacent to
the affected real property.

(2) The department shall notify the persons who have requested
notification of a license application that:

(A) affects the specific real property to which the application
relates; or

(B) is of the same type as the application.

(b) The commission may adopt rules under IC 4-22-2 to require the
following:

(1) That additional persons be notified of an application for a
license.

(2) That additional forms of notice be given.

[Pre-1995 Recodification Citation: 14-3-18-8.]

As added by P.L.1-1995, SEC.4.

IC 14-11-4-6Requests for notice

Sec. 6. If notice is not required by section 5 of this
chapter, the department shall notify the persons who have requested
notice of a license application that is of the same type as the
application.

[Pre-1995 Recodification Citation: 14-3-18-9.]

As added by P.L.1-1995, SEC.4.

IC 14-11-4-7Manner and contents of notice

Sec. 7. Notice under this chapter shall be given in the
same manner as under IC 4-21.5-3-1, but is not the notice required
under IC 4-21.5. Notice must include the following:

(1) Reference to the license application.

(2) An explanation of options available to the person served.

[Pre-1995 Recodification Citation: 14-3-18-10.]

As added by P.L.1-1995, SEC.4.

IC 14-11-4-8Public hearings

Sec. 8. (a) A public hearing shall be held on the
question of the issuance of an original or a renewal license upon any of
the following:

(1) The request of the applicant.

(2) The filing of a petition requesting a public hearing that is
signed by twenty-five (25) individuals who are at least eighteen
(18) years of age and who:

(A) reside in the county where the licensed activity would take
place; or

(B) own real property within one (1) mile of the site of the
proposed or existing licensed activity.

(3) The motion of the director.

(b) The public hearing authorized by this section does not constitute
an agency action under IC 4-21.5.

(c) If a petition under subsection (a)(2) requests that the public
hearing be conducted at a location within a county affected by a
proposed license, the department shall conduct the public hearing at
that location.

Sec. 1. As used in this chapter, "fund" refers to the
Indiana natural resources fund established by this chapter.

[Pre-1995 Recodification Citation: 14-3-17-4.]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-2"Political subdivision" defined

Sec. 2. As used in this chapter, "political subdivision"
has the meaning set forth in IC 36-1-2-13.

[Pre-1995 Recodification Citation: 14-3-17-6.]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-3Repealed

[Pre-1995 Recodification Citation: 14-3-17-6.5.]

As added by P.L.1-1995, SEC.5. Repealed by P.L.82-2005,
SEC.8.

IC 14-12-1-4Creation of foundation

Sec. 4. The Indiana natural resources foundation is
created as a public body corporate and politic.

[Pre-1995 Recodification Citation: 14-3-17-7.]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-5Members

Sec. 5. (a) The foundation consists of twelve (12)
members, not more than six (6) of whom may be of the same political
affiliation, appointed by the governor.

(b) At least one (1) member shall be appointed from each
congressional district.

(c) A member of the foundation may not be an officer or employee
of:

(1) the United States, the state, or a political subdivision; or

(2) an agency of the United States, the state, or a political
subdivision.

[Pre-1995 Recodification Citations: 14-3-17-9(a);
14-3-17-10.]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-6Term of members

Sec. 6. (a) The term of each member is four (4) years.
A member appointed to fill the unexpired term of a member serves
until the end of the unexpired term.

(b) At the expiration of a member's term, the member may be
reappointed.

(c) The term of each member begins July 1 and continues for four
(4) years. Three (3) terms begin each year.

[Pre-1995 Recodification Citation: 14-3-17-9(b), (c),
(d).]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-7Chairman

Sec. 7. At the foundation's first meeting after June 30
of each year, the members shall select one (1) of the members to serve
as chairman until the chairman's successor is selected.

[Pre-1995 Recodification Citation: 14-3-17-9(e).]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-8Director as advisor to foundation

Sec. 8. (a) The director of the department, or the
director's designee, is an advisor to the foundation.

(b) An advisor to the foundation may do the following:

(1) Attend all meetings of the foundation.

(2) Participate in all proceedings at foundation meetings other
than voting.

[Pre-1995 Recodification Citation: 14-3-17-11.]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-9Purpose of foundation

Sec. 9. (a) The exclusive purpose of the foundation is
to acquire real and personal property to be donated under subsection
(b).

(b) The foundation may donate real and personal property to the
following:

(1) The department, subject to subsection (c).

(2) Any unit of local government.

(c) The foundation must have the approval of the director to donate
real or personal property to the state.

[Pre-1995 Recodification Citations: 14-3-17-8;
14-3-17-15.]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-10Powers of foundation

Sec. 10. The foundation may do the following:

(1) Adopt bylaws for the regulation of the foundation's affairs and
the conduct of the foundation's business.

(2) Adopt an official seal, which may not be the seal of the state.

(3) Maintain a principal office and other offices the foundation
designates.

(4) Sue and be sued in the name and style of "Indiana Natural
Resources Foundation", with service of process being made to the
chairman of the foundation by leaving a copy at the principal
office of the foundation or at the residence of the chairman if the
foundation has no principal office.

(5) To exercise the powers or perform the duties of the
foundation, do the following:

(A) Acquire by any means except eminent domain a right or an
interest in or upon real or personal property of any kind or
nature. The foundation shall hold the legal title to property
acquired in the name of the foundation.

(B) Dispose of a right or an interest in real property.

(6) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
duties and the execution of the powers of the foundation under
this chapter.

(7) Employ an executive director and other employees that are
necessary in the foundation's judgment and fix their
compensation.

(8) Conduct studies of the feasibility of certain natural resource
projects and facilities.

(9) Receive and accept from any person grants for or in aid of the
acquisition, construction, improvement, or development of any
part of the projects of the foundation and receive and accept aid
or contributions from any source of money, property, labor, or
other things of value, to be held, used, applied, or disposed of
only for the purposes consistent with the purposes of this chapter
for which the grants and contributions may be made.

(10) Hold, use, administer, and expend money that may be
acquired by the foundation.

(11) Do all acts and things necessary or proper to carry out the
powers expressly granted in this chapter.

[Pre-1995 Recodification Citation: 14-3-17-12.]

As added by P.L.1-1995, SEC.5.

IC 14-12-1-10.1Repealed

As added by P.L.5-1996, SEC.12. Repealed by P.L.177-2011,
SEC.5.

IC 14-12-1-11Establishment of fund

Sec. 11. (a) The Indiana natural resources fund is
established. Expenditures from the fund may be made only to carry out
the purposes of this chapter. The foundation shall do the following:

(1) Hold the fund in the name of the foundation.

(2) Administer the fund.

(3) Make all expenditures from the fund.

(b) Gifts of money to the fund or the foundation or the proceeds
from the sale of gifts donated to the fund or the foundation shall be
deposited in the fund.

(c) The expenses of administering this chapter shall be paid from
money in the fund.